Post by KC on Aug 11, 2006 23:21:01 GMT -5
August 11, 2006 - FAYETTEVILLE — Cpl. Thomas C. Lowe, the Mount Hope police officer charged with sexual abuse and other crimes, voluntarily waived his preliminary hearing Monday, said Fayette County magistrate Danita Young. The next step in the legal process is to send the case to a grand jury for possible indictments.
While Fayette County’s next grand jury convenes Sept. 12, special prosecutor Tom Truman of Raleigh County, all but ruled out having the case ready for presentation by that time. The January term, he said, looks more realistic.
“I told the defense that, as well. The police report was delivered a couple of weeks ago, and I don’t see how it could be ready to go that fast. It’s just not going to happen,” he explained.
A statement released by Lowe’s attorneys, Greg Hewitt and Anthony Salvatore, emphasized that their client’s waiver does not imply guilt.
“The waiver of preliminary hearings is not an admission of guilt. In fact, it is routine to waive these hearings for procedural reasons,” they said.
“Officer Lowe continues to maintain his innocence and looks forward to the next phase of his case. He appreciates the continued support of friends and family. The community looks forward to resolving this matter so that he can again protect and serve the citizens of Mount Hope, West Virginia.”
A six-week State Police investigation resulted in Lowe’s May 30 arrest on five separate charges, three of which involve the alleged sexual abuse of a woman who was stopped during a motor vehicle DUI checkpoint in April.
Lowe was charged with three counts of first-degree sexual abuse, one count of daytime burglary and one count of extortion.
Lowe remains free on $10,000 bond. As conditions of his bond, he cannot leave the state without the approval of the court and can have no contact with any of his alleged victims.
Each first-degree sexual abuse charge carries a potential penalty of one to five years in prison upon conviction, while daytime burglary is punishable by one to 10 years and extortion one to five years.
Lowe is currently on paid administrative leave from the Mount Hope police department.
Fayette County prosecutor Carl Harris sought the appointment of a special prosecutor based on a pair of factors — his office is still handling other cases that require him to communicate with Lowe and assistant prosecutor Brian Parsons could be a potential witness in Lowe’s trial.
www.fayettetribune.com/local/local_story_221153908.html
While Fayette County’s next grand jury convenes Sept. 12, special prosecutor Tom Truman of Raleigh County, all but ruled out having the case ready for presentation by that time. The January term, he said, looks more realistic.
“I told the defense that, as well. The police report was delivered a couple of weeks ago, and I don’t see how it could be ready to go that fast. It’s just not going to happen,” he explained.
A statement released by Lowe’s attorneys, Greg Hewitt and Anthony Salvatore, emphasized that their client’s waiver does not imply guilt.
“The waiver of preliminary hearings is not an admission of guilt. In fact, it is routine to waive these hearings for procedural reasons,” they said.
“Officer Lowe continues to maintain his innocence and looks forward to the next phase of his case. He appreciates the continued support of friends and family. The community looks forward to resolving this matter so that he can again protect and serve the citizens of Mount Hope, West Virginia.”
A six-week State Police investigation resulted in Lowe’s May 30 arrest on five separate charges, three of which involve the alleged sexual abuse of a woman who was stopped during a motor vehicle DUI checkpoint in April.
Lowe was charged with three counts of first-degree sexual abuse, one count of daytime burglary and one count of extortion.
Lowe remains free on $10,000 bond. As conditions of his bond, he cannot leave the state without the approval of the court and can have no contact with any of his alleged victims.
Each first-degree sexual abuse charge carries a potential penalty of one to five years in prison upon conviction, while daytime burglary is punishable by one to 10 years and extortion one to five years.
Lowe is currently on paid administrative leave from the Mount Hope police department.
Fayette County prosecutor Carl Harris sought the appointment of a special prosecutor based on a pair of factors — his office is still handling other cases that require him to communicate with Lowe and assistant prosecutor Brian Parsons could be a potential witness in Lowe’s trial.
www.fayettetribune.com/local/local_story_221153908.html